DELICTUAL LIABILITY
LexInter | July 8, 2018 | 0 Comments

DELICTUAL LIABILITY

DELICTUAL LIABILITY

It was in the 17th century that Domat formalized the principle that any fault having caused damage entailed the obligation to repair it. This principle is incorporated during the drafting of the Civil Code in article 1382 of the Civil Code which is the basis of liability law.

 

Responsibility for misdemeanors and quasi-misdemeanors is at the origin of “Commitments which are formed without agreement” falling under Title IV of Book III of the Civil Code. The Book III is devoted to “Different Ways Of Acquiring property.”

Personal liability

Articles 1382 and 1383 of the Civil Code which state the principle of personal responsibility constitute the basis of the law of responsibility. Anyone who voluntarily or involuntarily commits a fault must compensate for the damage of which he is the author.

Liability for the act of others and for the act of things

The article 1384 of the Civil Code Complete this principle of responsibility of people stating that is also liable for damage caused by the fact of those whom he is responsible or things that we have in custody.

This article has given rise to an abundance of case law and many comments have pointed out that we are moving towards an objective conception of liability detached from the notion of fault so as to achieve compensation for victims in almost all cases.

Animal liability

The Section 1385 of the Civil Code states that ” the owner of a pet or one that is used, while it is in its use, is liable for the damage the animal has caused, whether the animal was under his care, whether he was lost or escaped “.

Liability for buildings

The article 1386 of the Civil Code states that ” the owner of a building is liable for damage caused by its ruin when it arrived as a result of lack of maintenance or by the vice of its construction “

Anti-competitive practices and tort liability

The violation of articles L 420-1, L 420-2, L 420-5 and L 442-6 engages the tort liability of their authors.

 

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